Wang Ling is taking son Zhang Qiming to see a doctor in Home Chen Houde, dan Chenhou heart and wife were not doing the case that the skin tries to fall to be treated with respect to infusion to the child. Final, the child dies because of shock of sex of acute drug allergy. 2 people of Chen Houde's couple obtain punishment because of blame of illegal practise medicine.
Practise medicine of law of connubial home Central Africa obtains punishment respectively
Chen Houde was obtained in July 2012 hold trade assistant doctor hold industry letter. January 2013, chen Houde joins in in the home open chemist's shop, handled business certificate of business charter, medicines and chemical reagents.
On March 18, 2015 12 when make, villager king Ling is taking son Zhang Qiming to ask Chen Houde to see a doctor in Home Chen Houde, after checking auscultation by Chen Houde, li Cuicui is Zhang Qiming dispensation directly, below the case that undertaking to Zhang Qiming skin of loose natrium of head Bao music tries, li Cuicui carried out vein inject infusion for Zhang Qiming. Zhang Qiming appears in infusion process drug allergy reaction, chen Houde, Li Cuicui undertakes rescue is treated instantly, other dialed telephone of 120 emergency treatment. That day afternoon 14:10 Zhang Qiming sends a hospital rescue by car of 120 emergency treatment, zhang Qiming consciousness is lost at that time, without own breath and heartbeat, double pupil comes loose to be secured greatly, electrocardiogram is shown linear. Zhang Qiming disables via rescue death, that day 16: 05 hospitals stop rescue. Via appraisal of place of appraisal of material evidence of city public security bureau: Zhang Qiming accords with shock of sex of acute drug allergy to die.
Public security mechanism investigates discovery, the place of practise medicine of Chen Houde, Li Cuicui, it is themselves home, individual drugstore, did not obtain " medical establishment hold licence of course of study " , and the time that two couples are not law practise medicine in the home lasts to March 2015 from 2014 accident. Police returns discovery, li Cuicui did not obtain a doctor hold job seniority.
After case hair, zhang Qiming's parents offers civil suit alone, after this case is sessional, classics both sides talks things over, chen Houde, Li Cuicui's couple compensates for RMB of Zhang Qiming's parents in all 670 thousand yuan.
Public prosecution mechanism thinks, chen Houde, Li Cuicui is in did not obtain " medical establishment hold licence of course of study " , li Cuicui is in did not obtain a doctor hold below the circumstance of job seniority, illegal practise medicine, cause person seeing a doctor to die, ought to investigate the criminal duty of person of 2 the accused with blame of illegal practise medicine. Paraclete thinks Chen Houde has medical treatment qualification, be not dispute law practise medicine, should maintain for blame of unskillful and faulty medical or surgical treatment, li Cuicui is not practise medicine main body, also do not have behavior of independent practise medicine, do not make crime.
The court adjudicates via cognizance Li Cuicui of the accused person commits crime of illegal practise medicine, sentence a set term of imprisonment 10 years 6 months, punish golden RMB 10 thousand yuan; Chen Houde of the accused person commits crime of illegal practise medicine, sentence a set term of imprisonment 3 years, probation 5 years, punish golden RMB 4000 yuan.
Wang Yongyi of developing zone court
Judge view is illegal what practise medicine encroachs person seeing a doctor is healthy with life safety
The judge expresses, although Chen Houde possesses doctor qualification, be hospital of villages and towns from doctor of course of study, but in did not obtain " medical establishment hold licence of course of study " below the circumstance, the blame that privately manages in oneself undertakes activity of diagnosis and treatment in the drugstore of medical establishment, and activity of medical treatment business is carried out jointly with the wife in after be being punished by the unit, still continueing to be in the home, cause the serious consequence that children seeing a doctor dies, those who have illegal practise medicine is subjective and intended, its illegal medical treatment conduct should make crime of illegal practise medicine blame of unskillful and faulty medical or surgical treatment of and rather than.
Li Cuicui falls in the condition that did not obtain doctor qualification to cannot have activity of diagnosis and treatment, without consulting anyone gives children seeing a doctor dispensation, infusion, illegal practise medicine causes person death, its ought to bear corresponding guilty consequence.
And the diagnosis of two people and the death that treated behavior to cause children seeing a doctor jointly, should carry jointly to dead result duty. Dan Licui's emerald green behavior is right the main effect since the dead result of children seeing a doctor, fasten this case prime culprit; Chen Houde's behavior has less important, auxiliary effect to dead result, the department is accessary criminal, combine its specific action and behavior, give to its reduce punishment.
"Doctor without permission is in the home hold the phenomenon of course of study, in actual life is relatively common, be in the country with poorer condition of further from the city, medical treatment especially more general. " the judge reminds, tortious the job of sanitation of favorable medical treatment that disturbed course of study already was built not only administers order, and often as a result of illegal practise medicine person do not have hold quality of service of job seniority and condition, medical treatment is poor, those who encroached person seeing a doctor is healthy with life safety. So, fall ill go to a doctor must go normal medical establishment has treatment, do not pursue convenient, patronage of anxious to get things on the cheap does not have place of card medical treatment, otherwise light an illness of incur loss through delay, lead to life tragic again. (Wen Zhongjun ties assumed name)
